2019-04-24 CC Packet - Laserfiche WebLink

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KLM ENGINEERING,INC. TERMS AND CONDITIONS 1. BASIC SERVICES. The scope of KLM's work is described in the attached proposal or contract agreement and may not be expanded or reduced except by mutual agreement in writing. 2. ADDITIONAL SERVICES. Additional work or services shall not be performed without a duly executed change order or purchase order outlining the scope of additional work on services. 3. OWNER'S RESPONSIBILITIES. OWNER shall fully disclose to KLM its knowledge of the condition of the structure and its past and present contents and shall provide KLM with full information regarding the requirements for the project;shall designate an individual to act on OWNER'S behalf regarding the project. If necessary,shall clean and make the structure safe for entry; shall furnish the service of other consultants (including engineers,insurance consultants, accountants, attorneys, etc.)when those services are reasonable required or are reasonably requested by KLM; shall test for pollution and hazardous materials when required by law or requested by KLM; and shall provide all necessary permits and other authorization. 4. SAFETY. KLM shall only be responsible for safety of KLM personnel at the work site. The Owner or other persons shall be responsible for the safety of all other persons at the site. Owner shall inform KLM of any known or suspected hazardous materials or unsafe conditions at the work site. If,during the course of the work, such materials,or conditions are discovered,KLM reserves the right to take measures to protect KLM personnel and equipment or to immediately terminate services. Owner agrees to be responsible for payment of such additional protection costs. Upon such discovery,KLM agrees to immediately notify the Owner in writing,of the hazardous materials or unsafe conditions. 5. HAZARDOUS MATERIALS. Unless agreed in the scope of work KLM has no responsibility for the discovery,presence,handling,removal or disposal of or exposure of persons to hazardous materials at the project site. To the full extent permitted by the law,OWNER shall defend and indemnify KLM and its employees from all claims,including costs and attorney fees,arising out of the presence of hazardous materials on the job site. 6. SITE ACCESS AND RESTORATION. Owner will furnish KLM safe and legal site access. It is understood by Owner that in the normal course of work, some damage to the site or materials may occur. KLM will take reasonable precautions to minimize such damage. Restoration of the site is the responsibility of the Owner,unless agreed to in the scope of work. 7. STANDARD OF CARE. KLM will perform services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in the geographic area, and under similar budgetary constraints. No other warranty is implied or intended. 8. SCHEDULING. Prior to scheduling the OWNER shall furnish a written purchase order or request for the services required and shall give as much notice as possible in advance of the time when the services are desired. Our ability to respond to such an order will depend upon the amount of advance notice provided. If an inspection is canceled or delayed after KLM personnel and/or equipment are in transit to the work site, then the OWNER shall be billed, according to the TERMS AND CONDITIONS,for costs incurred by KLM. 9. INSURANCE. KLM will maintain worker's compensation insurance and comprehensive general liability insurance and will provide OWNER with a certificate of insurance upon owner's request. 139